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Praveen Kumar (Not working)     12 February 2012

Can 2nd motion be filed earlier than 6months

MCD: My 1st motion was filed on 30th sept and the date was on 3rd oct 2011, but wife did not came. she came on 1st nov 2011. My mothers condition is critical and I want tto file 2nd motion now only. can it be filed now?



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 10 Replies

Aishwarya (Teacher)     12 February 2012

No the six months waiting period is a must for MCD to happen..

Praveen Kumar (Not working)     12 February 2012

if a joint petition is moved and i can give my mother's critical condition, may be judge agrees. if he does not agree he will give another date . pls advise

Aishwarya (Teacher)     12 February 2012

There has to be a six months gap between the first and second motion as per law..

Only the Supreme Court has the power to waive off the six months waiting period..

Praveen Kumar (Not working)     12 February 2012

6 months would be counted from 30 sept or 1st nov 2011

Aishwarya (Teacher)     12 February 2012

Your first Motion was on the date when both of you were present in the court in front of the judge hence if ur first motion was on nov 1 then it shall be counted from nov 1 only..

Second motion will happen any day after the completion of six month from 1st nov when both of you will be present in the court...

Kiran Kumar (Lawyer)     12 February 2012

NO it cannot be...there is a clear SC judgment that this period cannot be condoned in any case.

 

you need to wait it out....this judgment is known to every court so wait for the things to happen...


(Guest)

Praveen

There have been recent rulings from Supreme Court wherein if both the parties are living separately for more than 1 year and the divorce case is already pending in the court then 6 months can be waived off.......

But for this you need a competent lawyer to prepare the case. I got the 6 months period waived off since my divorce case was already running for 1 year and then mutual application was filed with 1st motion on 1st Feb,2011 and the second happened on 10th Feb.

Praveen Kumar (Not working)     13 February 2012

Hi Rahul, Can u give me reference of such ruling. Ur case was in which court?

(Guest)

Mine was in Tis Hazari, Rulings can be found by your lawyer.

Praveen Kumar (Not working)     13 February 2012

any reference number, job will become easy


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